(A) No persons shall engage in the business or profession of massage unless such person shall have first applied for and received the privilege license provided by this section.
(B) The application for the license required by this section shall be upon a form approved by the County Manager and shall be filed with the County Manager. Such application shall be given under oath and shall contain the following information:
(1) The name, age, and residence address of the applicant;
(2) A complete statement of the previous business or occupation of the applicant for the two years immediately preceding the date of application, including any massage establishment experience;
(3) A complete statement of all convictions of the applicant for any felony or misdemeanor or violation of a local ordinance;
(4) A complete statement of any revocation of any license granted by any governmental unit to the applicant to engage in the business or profession of massage; and
(5) The date and place of applicant’s birth, the name of applicant’s parents, and the residence address or addresses of the applicant for the five years immediately preceding the date of application.
(C) The applicant shall submit, as part of the application required in division (B) above, the following:
(1) Fingerprints of the applicant taken by the Sheriff;
(2) Two recent photographs of the applicant’s head and shoulders, of a size and quality prescribed by the County Manager;
(3) A medical certificate signed by a physician, licensed to practice in the state, within seven days of the date of the application. The certificate shall state that the applicant was examined by the certifying physician and that the applicant is free of communicable disease; and
(4) Any additional information required by this division (C).
(D) The County Manager shall transmit a copy of the application to the Sheriff for an investigation report. The Sheriff shall, within a reasonable time, not to exceed 45 days, report the results of this investigation to the County Manager.
(E) An application in proper form shall be submitted to the Board of County Commissioners together with all reports required by this section. The Board of County Commissioners shall approve such application if the Board of County Commissioners determines:
(1) That the applicant is at least 18 years of age;
(2) The application contains no misstatement of fact;
(3) The applicant has not been convicted of any crime involving sexual misconduct, including but not limited to G.S. §§ 14-177 through 14-202.1, Article 26 (Offenses against public morality and decency), and G.S. §§ 14-203 through 14-208, Article 27 (Prostitution), or of § 130.01 of the county code, or any federal statutes relating to prostitution, or for violation of any law or ordinance of any governmental unit concerning or related to the business or profession of massage;
(4) The applicant has not, for the three- year period preceding the application, had a previously issued license for engaging in the business or profession or massage revoked;
(5) The applicant is free from communicable disease as evidenced by the medical certificate required herein; and
(6) The applicant has not been previously convicted of any violation of any provision of this chapter.
(F) Upon approval of the application by the Board of County Commissioners and upon receipt of a $50 license fee, the County Tax Collector shall issue a privilege license to the applicant.
(G) The Board of County Commissioners shall have authority to direct licensees under this section to submit to a medical examination by a licensed physician approved by the Board of County Commissioners. This examination is to be done at the licensee’s expense. This authority shall be exercised only when the Board of County Commissioners has reason to believe that any such person has contracted a communicable disease. Refusal to submit to such examination shall be grounds for revocation of such license as provided in division (H) of this section. Notwithstanding the provisions of this division (G), every person licensed under this section shall file and continue to file with the County Manager a new medical certificate with each application for renewal of the license prescribed by this section. Failure to file such updated certificates shall be grounds for revocation of such license as provided in division (H) of this section.
(H) A license issued pursuant to this section shall be revoked by action of the Board of County Commissioners if the Board of County Commissioners determines:
(1) The licensee has violated any provision of this chapter;
(2) The licensee is afflicted with a communicable disease;
(3) The licensee has failed to be examined by a licensed physician when required by the Board of County Commissioners pursuant to division (G) of this section, or has failed to file any medical certificate required by division (G); or
(4) The licensee has been convicted of a felony, or any crime involving sexual misconduct, including, but not limited to G.S. §§ 14-177 through 14-202.1, Article 26 (Offenses against public morality and decency), and G.S. §§ 14-203 through 14-208, Article 27 (Prostitution), or of violating § 130.01 of the county code, or under any federal statute relating to prostitution, or for violation of any law or ordinance of any governmental unit related to the business or profession of massage.
(1996 Code, § 112.04) (Ord. passed 2-21-1977)